New South Wales Consolidated Acts New South Wales Consolidated Acts(cf model provisions, s 136)
(1) The court that finds a person guilty of an applicable road law offence may, on the application of the prosecutor or the Authority, if the court considers the person to be a systematic or persistent offender against the Australian applicable road laws, make an order under this section.
(2) The court may make a supervisory intervention order requiring the person (at the person’s own expense and for a specified period not exceeding one year) to do any or all of the following:(a) to do specified things that the court considers will improve the person’s compliance with applicable road laws or specified aspects of applicable road laws, including (for example) the following:(i) appointing or removing staff to or from particular activities or positions,(ii) training and supervising staff,(iii) obtaining expert advice as to maintaining appropriate compliance,(iv) installing monitoring, compliance, managerial or operational equipment (including, for example, intelligent transport system equipment),(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures,(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Authority or a person nominated by the Authority,(c) to furnish compliance reports to the Authority or the court or both as specified in the order,(d) to appoint a person to have responsibilities:(i) to assist the person in improving compliance with applicable road laws or specified aspects of applicable road laws, and(ii) to monitor the person’s performance in complying with applicable road laws or specified aspects of applicable road laws and in complying with the requirements of the order, and(iii) to furnish compliance reports to the Authority or the court or both as specified in the order.
(3) The court may specify matters that are to be dealt with in compliance reports and the form, manner and frequency in which compliance reports are to be prepared and furnished.
(4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form, manner and frequency in which they are to be made public.
(5) The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person’s ability or willingness to comply with the applicable road laws, having regard to:(a) the Australian applicable road law offences of which the person has been previously found guilty, and(b) the Australian applicable road law offences for which the person has been proceeded against by way of penalty notices that have not been withdrawn, and(c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with road transport.
(6) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.
(7) A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of:(a) the Authority, or(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.
(8) In this section:
"compliance report", in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to:(a) the performance of the person in complying with:(i) the applicable road laws or aspects of the applicable road laws specified in the order, and(ii) the requirements of the order, and(b) without limiting the above:(i) things done by the person to ensure that any failure by the person to comply with the applicable road laws or the specified aspects of the applicable road laws does not continue, and(ii) the results of those things having been done.